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CPS statement on the fatal shooting of Jermaine Baker

14/06/2017

A CPS spokesperson said: "In December 2016, the CPS received a file from the Independent Police Complaints Commission (IPCC) relating to the fatal shooting of Jermaine Baker on 11 December 2015.

"Mr Baker and two other men were sitting in a car parked near Wood Green Crown Court on the day of the incident. The men intended to help a convicted prisoner escape from a prison van as it travelled to the court for his sentencing in relation to serious firearms offences.

"An operation to disrupt the escape plan, was established, including deploying a team of armed officers. As a result of operational briefings the officers reasonably believed that the men in the car were dangerous individuals who were armed and prepared to use their weapons to achieve their criminal purpose.

"Shortly before 9am, officers surrounded the car. An officer, known as W80, fired one shot which hit Mr Baker and proved fatal.

"Following a thorough search it was found that Mr Baker was not armed. An imitation firearm was, however, recovered from a holdall in the rear foot well behind the driver's seat of the car.

"The officer claimed to have acted in self-defence, believing that Mr Baker was reaching for a firearm in a bag he was wearing and that he and his colleagues were in imminent danger of being shot.

"Although armed police may use lethal force where necessary in the line of duty, they are subject to the same laws of self-defence and the use of reasonable force as any member of the public. This means that the actions of an officer, including the use of pre-emptive shots with intent to kill, will be judged on whether they were reasonably necessary in the circumstances as he honestly believed them to be, even if that belief is mistaken. It is for the prosecution to prove beyond a reasonable doubt that the officer was not acting in self-defence.

"Having taken account of all the evidence provided by the IPCC, the CPS has concluded that there is not a realistic prospect of conviction. The prosecution could not prove to the required standard that W80 was being untruthful about his belief that Mr Baker was armed and reaching for a weapon to fire on the officers

"As the case does not meet the evidential threshold set out in the Code for Crown Prosecutors, no charges can be brought against W80."

Ends

Notes to Editors

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